For many people, shared custody sounds like an ideal arrangement when parents divorce. Some states have even enacted laws declaring that judges must start their analysis with a presumption that child custody will be split 50/50. While New York has not adopted this type of measure yet, it is a common assumption that dividing parenting time equally is in the best interests of most sons and daughters.
Though a 50/50 parenting plan might seem optimal, some family law experts caution that a judicial presumption in favor of shared custody has many potential flaws. Professor Dale Margolin Cecka of Albany Law School is among those warning that a one-size-fits-all approach to custody can be dangerous, particularly in cases involving uneven power dynamics or abuse.
Of course, enabling both parents to remain actively involved in their children’s lives is usually a key objective in a child custody case. While this may be true in many situations, Professor Cecka worries that a set presumption will discourage examination of specific circumstances. Reliance on a 50/50 rule could even pressure victims of abuse to agree to an arrangement they know is risky rather than face the emotional and financial toll of a trial.
Though courts always have the flexibility to evaluate each case individually, there is a danger that they might adhere too closely to a statutory presumption, discounting factors such as the child’s safety, emotional well-being and the ability of each parent to provide a stable environment. Tragic cases in New York and elsewhere have shown how dangerous it can be to prioritize parental rights over the child’s best interests. In one extreme example, a mother was jailed because she refused to obey a parenting plan that required her to bring her daughters to the home of their father, despite the fact that he had sexually abused them.
When you’re negotiating custody arrangements, nothing is more important than developing a framework that provides your children with a safe, supportive environment. Often, shared custody can do that, but if you believe that is not the case, you should retain an attorney who will fight for what is in your son or daughter’s best interests, even if it creates some conflict with your ex.
Bryan L. Salamone & Associates, P.C. handles New York child custody matters and other family law issues for clients throughout Nassau and Suffolk counties. Please call 631-388-6009 or contact us online to schedule an appointment.